[blindlaw] Mobile Devices in Court: Benefits and Pitfalls, ABA Journal, March 4 2013

Susan Kelly Susan.Kelly at pima.gov
Fri Mar 15 14:18:48 UTC 2013


I find it easier to use the old text version of Westlaw on the iPad,
through the Safari / WiFi connection.

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Tai
Blas
Sent: Thursday, March 14, 2013 7:03 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] Mobile Devices in Court: Benefits and
Pitfalls,ABA Journal, March 4 2013

It is too bad that even though many tablet features are accessible, the
highlighting feature and direct linking to parts of PDF files are not
accessible to blind users. I have not had much luck with WestLaw Next
advanced features on the iPhone or iPad. I would be interested in
hearing other users' experiences. 


Tai
 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of
Nightingale, Noel
Sent: Thursday, March 14, 2013 10:53 AM
To: blindlaw at nfbnet.org
Subject: [blindlaw] Mobile Devices in Court: Benefits and Pitfalls, ABA
Journal, March 4 2013

I thought this article might be of relevance to this list since
courtroom strategies are often a topic.

Link:
http://www.abajournal.com/advertorial/article/mobile_devices_in_court_be
nefi
ts_and_pitfalls/?utm_source=maestro&utm_medium=email&utm_campaign=weekly
_ema
il

Text:
Mobile Devices in Court: Benefits and Pitfalls Posted March 4, 2013 By
Timothy W. Johnson

Tablets and other mobile devices are beneficial in a court setting, not
only for your preparedness and your argument but also for your back.
These devices allow for quick access to legal research, notes, and
exhibits, with the added ability to perform on-the-spot searches. They
also allow you to quell anxiety over forgetting something, because you
can bring your entire case file with you electronically. Finally, you do
not need a courier to deliver the binders when traveling or a hand truck
to get in and out of court. However, transitioning from paper to a
tablet takes planning and practice and is never a substitute for
preparation.

My first tablet computer was the Motion Computing M1400, which ran a
pen-enabled version of Microsoft(r) Windows XP. I bought a leather
portfolio that allowed me to discreetly carry it and use it at the
court's podium. My primary use was for oral arguments. I later began
using the iPad(r). With Windows-based tablets, the applications that I
found indispensable were Microsoft Office OneNote and Adobe(r) Acrobat.
On the iPad, the
WestlawNext(r) application was a game changer along with presentation
software such as TrialPad from Lit Software. I have used these tablets
and applications in motion practice and appellate oral arguments.

WestlawNext was very helpful both at the beginning of my preparation and
for the time leading up to and during my argument. WestlawNext allowed
me to organize my research by creating folders that matched the issues
of my case and placing the relevant cases in the corresponding folder.
Using the WestlawNext interface, I highlighted the important facts and
holdings in each case and added my notes. I focused my notes on
statements that I might make in court about the case. I also made a
folder for the cases cited by opposing counsel and reviewed those cases
in the same manner. In preparing materials for oral arguments, I was
able to quickly print out a list of the contents of each folder thereby
giving me a list of cases relevant to the issues. I was also able to
quickly download the cases in PDF format with my annotations.

I used Microsoft OneNote to outline my arguments and associate any
exhibits or evidence that I might refer to during arguments. After
converting my outline to PDF, I used Adobe Acrobat to create internal
and external links from references in my outline to PDFs of cases and
exhibits. I also used Acrobat to convert scanned images into text, which
could be searched and highlighted, and then made notes on the exhibits.
Because this will be used in a time-critical environment, linking is
important to more efficiently find the relevant portions of the
documents from the outline or other documents. There is not enough time
to review documents on the spot while a judge is waiting. Also
last-minute changes to the outline and notes can be quickly adapted
without the need for an offsite printing facility.

This process has worked well for me in preparing for court and replacing
the volume of three -ring binders. Be aware, however, of the perception
from the bench as you transition away from paper and binders, because
you may lose some non verbal communications channels. In the past, the
court may have been alerted that you were trying to answer the question
of how the Smith Doctrine applied to your case by flipping frantically
through your binders, whereas now your "frantic finger flipping" on your
tablet may go unnoticed by the court because the judge may not realize
that you are looking through your notes and documents for the answer.
The judge may see you as simply stumped and staring down at the podium
in defeat. However, within seconds, you can find the relevant
information and quickly respond to the judge.
Using mobile technology in the courtroom helps you to be competitive by
providing faster access to information and enabling you to be more
adaptive to shifting your approach or focus at key moments in the case.

BIO: Timothy W. Johnson is General Counsel for Peak Completion
Technologies, Inc. and a former litigating attorney with the law firm of
Matthews Lawson, PLLC in Houston, Texas. He has represented individual
and corporate clients in federal and state courts, with an emphasis on
intellectual property matters. Timothy can be reached at
tim.johnson at peakcompletions.com<mailto:tim.johnson at peakcompletions.com>.
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